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Ramakant Sharma
Ramakant SharmaInk Innovator
Asked: March 1, 20242024-03-01T20:20:20+05:30 2024-03-01T20:20:20+05:30In: Political Science

Critically examine the legislative procedures in law-making.

Analyze the legislative processes used to create laws critically.

BPSE-212
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    1. Ramakant Sharma Ink Innovator
      2024-03-01T20:21:08+05:30Added an answer on March 1, 2024 at 8:21 pm

      The legislative procedures in law-making in India involve a detailed and multi-stage process that includes both Houses of Parliament, namely the Lok Sabha (House of the People) and the Rajya Sabha (Council of States). While the process is designed to be comprehensive, participative, and reflective of democratic principles, certain aspects warrant critical examination.

      1. Bicameral System and Delay in Legislation:**
      India follows a bicameral system, involving both Lok Sabha and Rajya Sabha. While this ensures a thorough examination of legislation, it can lead to delays due to disagreements between the two houses. The need for consensus and coordination can sometimes slow down the legislative process, impacting the timely enactment of laws.

      2. Complexity and Length of Legislation:
      The legislative procedures involve multiple stages such as introduction, consideration in committees, debates, and voting. The complexity of these procedures and the voluminous nature of some bills often make it challenging for legislators to thoroughly examine and understand the implications of proposed laws, potentially leading to inadequate scrutiny.

      3. Executive Dominance in Law-making:
      The initiation of most legislation lies with the executive, creating a scenario where the government plays a dominant role in proposing laws. Private members' bills, introduced by non-ministerial members, are comparatively rare. This imbalance raises questions about the extent of parliamentary independence in shaping legislative agendas.

      4. Lack of Pre-legislative Scrutiny:
      While committees exist for post-introduction scrutiny, pre-legislative scrutiny, where proposed bills are examined before being formally introduced, is limited. Robust pre-legislative scrutiny could enhance the quality of laws by incorporating diverse perspectives and expertise before they enter the legislative process.

      5. Frequent Use of Ordinances:
      The frequent use of ordinances by the executive, especially when Parliament is not in session, raises concerns about the circumvention of the legislative process. While ordinances are meant for urgent situations, their frequent use raises questions about the balance of power between the executive and the legislature.

      6. Lack of Adequate Public Participation:
      Public participation in the legislative process is often limited. While there are provisions for public consultation, the extent and effectiveness of such participation are debatable. Greater efforts towards incorporating public opinions, especially on significant legislation, could enhance the legitimacy and effectiveness of the legislative process.

      7. Limited Use of Technology:
      Despite advancements in technology, the legislative process in India has been slow to incorporate digital platforms for greater efficiency and transparency. Limited use of technology can contribute to delays, inefficiencies, and increased paperwork in the legislative process.

      8. Challenges in Ensuring Accountability:
      Ensuring accountability in law-making, especially in a parliamentary system, can be challenging. The party-based nature of politics sometimes leads to lawmakers voting along party lines rather than based on the merit or demerit of the legislation. This raises questions about the accountability of individual legislators to their constituents.

      9. Parliamentary Oversight:
      While committees play a crucial role in scrutinizing legislation, the effectiveness of parliamentary oversight, especially in holding the executive accountable, may vary. The need for robust mechanisms to ensure that enacted laws are effectively implemented and that the executive is held accountable for policy outcomes remains a concern.

      In conclusion, while India's legislative procedures are designed to be inclusive and democratic, there are areas that require critical examination and potential reforms. Balancing the need for efficiency with thorough scrutiny, enhancing public participation, and addressing the dominance of the executive in law-making are crucial aspects for strengthening the legislative process in India.

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